This is nothing to do with the police, this is a PCN - penalty charge notice - issued by a local authority and as such its civil a matter.

Looks like the bailiff is using the well trained Marstons limited view of Schedule 12, Section 68 (1) of the Tribunals, Courts and Enforcement Act 2007 to threaten arrest for obstructing an enforcement agent. Its amazing how Martons bailiffs all know about this but have no idea about Sections 3,4 and 7 which when read clearly show that parking enforcement administered by a non judical court (TEC) is excluded from the Act.

This is nothing to do with the police, this is a PCN - penalty charge notice - issued by a local authority and as such its civil a matter.

 

Looks like the bailiff is using the well trained Marstons limited view of Schedule 12, Section 68 (1) of the Tribunals, Courts and Enforcement Act 2007 to threaten arrest for obstructing an enforcement agent. Its amazing how Martons bailiffs all know about this but have no idea about Sections 3,4 and 7 which when read clearly show that parking enforcement administered by a non judical court (TEC) is excluded from the Act.

So if councils wanted to enforce against people who refused to pay after an EA visit, they would have to go down the CCJ route ?

Well if you go to the No to mob site you can find out why they do what they do, it also will show you that many of the Council run car parks have signs that are non compliant. Interesting reading. Or you can view the easy ways that the CEO can use shortcuts to enter details of the alleged offence, then "fake" entries into their notebooks. or see here for how some can and do deal with the public http://www.dailymail.co.uk/news/article-3100525/Shocking-moment-traffic-warden-slapped-motorist-s-phone-ground-snapped-selfie-official-giving-parking-ticket.html

Any update yet?

At a meeting that I was at last week this subject came up and I was very surprised indeed at how many enforcement agencies AND local authorities view Linkedin and Facebook to obtain employment and lifestyle details of debtors.

Good luck in ever trying to use such info in legal action though!

I have one "friend" on Facebook, who works at Gringott's Wizarding Bank as a "Curse Breaker", according to the job section on their "About" section. I would love to see their LA try a housing benefit fraud claim based on them appearing to be in employment on Facebook! It would certainly give the Court a good laugh, especially, if my friend asked the courts to call in their Line Manager, Bill Weasley as a witness!

Difficult to see how accurate an attempt at perceiving a lifestyle would be too. But people really need to learn to turn on their privacy and security settings.

The authorities, employers etc are liable to make some very expensive and awkward decisions if they choose to rely on stuff like FB, as a huge amount of it is false/crap and leads them open to being sued epically - what if an employer leaves a trail showing they checked Facebook before denying a candidate a job, candidate turns round and says, oh, it must have been because my FB shows I am gay......

It would be far more sensible to stick to the official channels for gathering information.

Thankfully, unlike in the United States, should a UK Employer demand to see your facebook account*, they would likely be in court very quickly. But if you have privacy turned off, so they can see it, then that's your look out.

You can even set it so people cannot find you using your email address - that will be the way most people, employers, councils etc would find you, I bet, as "David Jones of Doncaster" is likely to bring up a lot of people with no surety on who is the correct one.

I would have thought Local Authorities would have access to the Benefits and Tax systems anyway, since that is how they most often catch fraudsters out. But then, these are the same mindsets that insist housing benefit fraud is being comitted as you have a partner living with you, simply because the partner helps out with the washing up sometimes....

Another golden rule is, never, ever, ever, ever add a coworker to your FB. You might think they are a friend, until you find yourself facing a gross misconduct disciplinary for dismissal because you slagged off the company, or a manager or other coworker on your wall. And yet people even add managers.

*In the US many employers, before offering a job demand you give them the usernames and passwords for your facebook, linkedn, and all your email accounts before they make an offer!!

G

 

I would have thought Local Authorities would have access to the Benefits and Tax systems anyway, since that is how they most often catch fraudsters out.

You have 'hit the nail on the head'. Yes.....local authorities and indeed Magistrate Court's (in respect of court fines) would be delighted to be able to 'tap into' the debtors DWP records in order to find out if the debtor is in paid employment.

Unfortunately for debtors, recent changes have been made that mean that such access is now permitted in many cases . Accordingly, if an 'appeal' is not submitted when a Further Steps Notice is issued, the Fines Officers can apply immediately to DWP for employment details and an Attachment of Earnings/Benefits Order can be set up.

PS: This should delight 'debt avoidance' movements as it means that bailiff fees (for court fines) will not apply.

Let's get one thing straight here - a PCN is never more than an unproven allegation.

 

Nor will there be any genuine warrant of control - that is as certain as the sun rising this morning.

 

This two dimensional creature is just doing what all those who rely deceit always do - just bullying.

I know that here is no point in me trying to dissuade you from this argument so I won't even bother.

A vitally important judgment has arrived today regarding access to DVLA records and I know that you would want a copy. The implications could be immense. I cannot access your email (we are still having massive problems with our new phone lines so could be an error at our end).

I know that here is no point in me trying to dissuade you from this argument so I won't even bother.

 

A vitally important judgment has arrived today regarding access to DVLA records and I know that you would want a copy. The implications could be immense. I cannot access your email (we are still having massive problems with our new phone lines so could be an error at our end).

You could try via a mobile or, if public, post it up here.

At a meeting that I was at last week this subject came up and I was very surprised indeed at how many enforcement agencies AND local authorities view Linkedin and Facebook to obtain employment and lifestyle details of debtors.

I have a good friend who works in insurance fraud. He says one of the first places they start to look for people is social media as it's often fruitful and fast.

Any update yet?

Hello, only one update.

Spoke with Council and they instructed me to file out of time witness statement, which I did (same advice as I think BailiffAdvice posted here [many thanks]).

Council said they are stopping any enforcement action for two weeks so have time to file OOTWS.

As for the complaint that went to Marston - haven't heard a thing yet but they said they have 10 days to reply, so still time.

Will keep you updated what's happening next

And once again CAG, many thanks for your help!!!!

Hello guys,

Update from my complaint!

They reviewed my complaint and got back to the HCEO .

Surprisingly he told them a different story! so they found no fault.

They will contact his manager though just to remind him that showing at any other address than my own is 'not really on'

so he might/might not get a slap on his wrist.

Apparently one of my pcn is gone back to creditor, another one is on hold as per creditors request til 6th July.

I will proceed to second stage of Marstons in house complaint policy.

Does your employer have CCTV, that captured the HCEO doing this?

Did you really believe he would back your story up? For me with this type of thing, where there is smoke there is fire.

Okay, just to close the topic - sent two OOTWS and came back all okay so now just need to pay the original fines and case closed

Once again - THANK YOU for your help caggers

Thank you for coming back to let us know what happened. I bet you have breathed a v large sigh of relief. I'll amend your thread title.